Tag Archives: wrongful convictions

Discouraging Misguided Perceptions…

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Fact: An open mind is a terrible thing to discourage. But this happens frequently in the never ending quest for uniformity. Hence my frustration over how little education or interest is out there about wrongful convictions. Despite constant reminders through exonerations which have become wrinkles within the fabric of our judicial system, acknowledging the scope of their occurrence remains obscure. For many in the legal system, the underlying issue is pride and an inability to admit that mistakes have been made. But just as ignorance creates the potential for more of the same, we are still goaded into traditionalism despite the consequences.

Fact: Bias drives societal standards. But bias permeates society so there’s no getting around this. Therefore I seize every chance to educate and hopefully provoke an objective and diverse viewpoint. During a recent conversation with a local Minneapolis reporter with no knowledge of wrongful convictions or the Innocence Project, I stated my belief that the authorities get it right the majority of the time but that there is plenty of evidence to prove that mistakes do happen. Taking a reasonable stance piqued her interest and she expressed a desire to research the topic further. She stated, “I look forward to hearing more about the Innocence Project and will keep my eyes peeled/eyes open”. I expressed dismay over the unsatisfactory level of reporting the topic currently receives. “These exonerated people are real heroes living among us and we pay so little attention to them,” I had said.

In another encounter I shared this thought, “My determination in bringing awareness to this issue [of wrongful convictions] is due partly to the lack of attention it receives overall because of the perception that it only involves a small majority. I am committed to unveiling the misguidance of that perception”. But to be fair I too was once every bit as ignorant about this topic.

Fact: There have been close to 2,000 exonerations across the US since 1989. A small number of victims in all of that time right? WRONG when you insert into that equation the number of family members, close friends, and acquaintances also severely affected. We cannot count the myriad of cases currently up for review that have not been through the courts yet or the vast number of inmates whose cases may never be re-examined. None of those numbers can be included in the latest findings. Even the National Registry of Exonerations admittedly reports that their list is deficient of the total number of exonerations overall.

Fact: Perceptions can be misleading.This year alone has seen approximately 81 exonerations nationwide with a total of 100 reportedly projected to occur by year’s end according to the Registry. That translates to an average of two per week! Very good news but it also suggests the notion that this problem is much worse than previously thought! I envision that as scientific improvements continue, coupled with additional research into previous flawed practices, like eye witness identification which makes up a high percentage of faulty convictions, this number will increase over time. Encouraging news for the wrongly accused, but discouraging for those of us who place our trust in what we all like to call the best system in the world.

Tragedy in the Face of Innocence…

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Part of my advocacy on behalf of five innocent Wisconsin men happened through letter writing. In 2010, roughly a year after committing to helping these men, I was compelled to write to all of them to introduce myself and my partner, Johnny. Not knowing much at all about them made this a difficult but essential task. These men had most likely heard about us by now from their loved ones and we felt it was time for them to hear from us directly. It was important to let them know of our intentions.

In the weeks following, reply letters started arriving from each of them. My heart raced. “Wow, they’ve written back!” We wondered what messages were inside envelopes marked with this prison stamp:

THIS LETTER HAS BEEN MAILED FROM THE WISCONSIN PRISON SYSTEM

The first letter to arrive had come from the oldest of the men, Dale Basten. Dale had written a brief note and included a photo of himself, taken around 1961, as he stated, “…at the mill when I started there”. It was his way of introducing his younger self; someone from long ago that was no more. It was the face of a handsome young man with integrity and, dare I say, innocence that over time learned tough lessons due to being falsely accused of a heinous crime. I remember also thinking of this remarkable image as a dreadful reminder of a valuable life that had wasted away behind bars for too long. This was a family man who had once been an involved husband and wonderful Dad to two young girls in a setting familiar to most families. The only difference is that their legacy now holds only memories and remnants of a content life because of a horrible injustice that had gotten in the way and destroyed their world.

Photo of Dale Basten circa 1961

Photo courtesy of Dale Basten (circa 1961) 

The note accompanying the photo was brief but kind. It contained gratitude for my thoughtfulness and an appreciation of receiving it during an especially trying time of year; the holiday season. Additional letters from Dale ended with well wishes for my longevity and his reassurance that there is definitely a place for me in Heaven.

Three excerpts from the book, The Monfils Conspiracy describe Dale:

For those who knew him, Dale was, “…a happy-go-lucky kind of guy. He had a real good head on his shoulders. He caught onto things real fast and always had a good job. He was pretty much of a loner and a quiet person who kept to himself”.

His wife described him as, “… a devoted husband and Father.”

One of his neighbors said,  “If you needed a favor, he would be willing to help.”

Sometime ago, Dale experienced serious medical issues and was taken to a nearby hospital for treatment. Initially his family was given no information about his well being or whereabouts. They later learned he had suffered a heart attack. This experience, typical of those forced onto families of the incarcerated, caused extreme trauma. It makes little sense especially for those with loved ones serving time for something they didn’t do. I see this as a crime in itself that must be remedied.

Dale, aged 73, does not write long letters but what he does say is direct and thoughtful. I looked forward to the day when we’d encounter a face with eyes I imagined were now full of wisdom.

Update: In 2015, we met Dale for the first and last time at Stanley Correctional Institution in Stanley, Wisconsin. Then, in a sudden move in 2017, at age 76, Dale was given “compassionate release” due to his failing health. The Parole Commission cited his “advancing, maturing age” and “apparent cognitive decline” for the move. “It is clear from this encounter that you have little or no orientation as to your surroundings,” the Commission’s written decision stated of Dale Basten. (From an article in the Green Bay Press-Gazette)

Dale passed away nine months after he was released. RIP Dale.

 

Disillusioned Crusaders…

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John Grisham, a lawyer who practiced criminal law for about a decade is better known for his fictional stories that center on the complexities of our judicial system. In 2006 he published his first non-fiction story portraying an actual wrongful conviction case involving two friends; Ron Williamson and Dennis Fritz. The book called, The Innocent Man; Murder and Injustice in a Small Town is about a tragedy that happened in Ada, Oklahoma in 1987. I felt the book clearly characterized Grisham’s overall view of our best system in the world. From his perspective as a lawyer he talks publicly about becoming an author because of his disillusionment of the system and how, in his writings, he can easily incorporate his ideals and reassemble the efficacy of a just system. In this book Grisham writes, “If you believe that in America you are innocent until proven guilty, this book will shock you. If you believe in the death penalty, this book will disturb you. If you believe the criminal justice system is fair, this book will infuriate you.”

In 2012, my friend Shirley learned that Grisham would be the keynote speaker at a Midwest Innocence Project Benefit Dinner in Kansas City, Kansas. It was also likely that Dennis Fritz; one of the two men depicted in his book would be there selling his recent book, Journey Toward Justice. I was interested in meeting both of these men because of their involvement in the Innocence Project; an organization representing the wrongfully convicted. I quickly read both books to familiarize myself with Fritz’ story and Grisham’s connection to him. While reading I was stunned at the many similarities this case had to our Wisconsin case!

From the beginning the evidence in the case against Fritz and Williamson was non-conclusive. With no physical evidence, an overzealous prosecutor intent on winning relied on junk science, the testimony of jailhouse snitches, and circumstantial data to create the illusion of guilt. Distorted statements, questionable hair evidence, dream confessions, and other bizarre clues completed the prosecution’s circle of deception. Dennis was convicted after a swift trial. The vote of a single juror saved him from the death penalty and he was sentenced to life behind bars. But Williamson, his co-defendant, was sentenced to death. Then luck found them both when they were exonerated in 1999 with the help of the Innocence Project. Through DNA testing the real killer was identified. He had been one of the prosecution’s key witnesses.

Joan with exoneree Dennis Fritz and Dennis' Mom

Joan Treppa standing behind exoneree Dennis Fritz and his mother  

As we walked into the reception area I saw Fritz sitting at a table with stacks of books in front of him. Next to him was a woman who we learned was his mother. She looked quite frail. The details of their story soon came flooding back.

Fritz had served twelve years for the murder and rape of a young woman named Debbie Sue Carter. His mother had done all she could to help him. Through it all she had proudly stood by her son’s claims of innocence. I was convinced that her current ailments were caused largely by this ordeal and my heart wept for her especially. As Clare, Shirley, and I introduced ourselves we were received graciously but I could not shake the shame of feeling intrusive. However, my intention to share the tragedy of five innocent men from Wisconsin compelled me to make acquaintances with Fritz and hopefully Grisham as well. My goal was to ask Grisham for help.

This mission preceded any connections with law firms and we were still desperate to find someone…anyone, who would understand that the Monfils case was flawed and that it warranted re-examination. I was in constant turmoil about having failed repeatedly and even though Clare and Shirley were with me at this event, I felt agonizingly alone in my urgency.

I asked Fritz about how we should go about meeting Grisham. He suggested we head over to the table where they’d be seated for dinner as soon as the doors to the dining hall opened. He could not guarantee much time with the author but said this would be our best window of opportunity.

While we chatted with others in the reception area, I lost track of the time and neglected to see the doors of the dining hall open. By the time I ran over to look, a crowd of people had already surrounded Grisham, Dennis and his mother. I stood there helpless…feeling defeated. I conceded that this effort was futile and that these folks were not the ones meant to help us.

Alas, persistence eventually paid off and our luck changed drastically the following year. A Minneapolis lawyer by the name of Steve Kaplan; notorious in his own right for his successful Pro Bono assistance to death row client, Damon Thibodeaux, answered our call. And after two long years of studying every last detail of the case, he began the uphill battle of representing the supposed “ring leader” in the Monfils case, Keith Kutska.

Activities of recent years in the Monfils case.